LRB-2601/1
JS:mfd:jf
1997 - 1998 LEGISLATURE
March 25, 1997 - Introduced by Representatives Wasserman, M. Lehman, Goetsch,
Gronemus, Grothman, Hahn, Lorge, Plale, Reynolds and Staskunas,
cosponsored by Senator Huelsman. Referred to Committee on Ways and
Means.
AB209,1,2
1An Act to amend 71.75 (5) of the statutes;
relating to: the deadline for filing
2claims for income tax refunds after audits.
Analysis by the Legislative Reference Bureau
Under current law, a taxpayer may file a claim for a refund on taxes assessed
by the department of revenue after an audit within 2 years after the assessment date.
Under this bill, a taxpayer may file a claim for such a refund within 2 years after the
assessment date or within 4 years after the unextended due date of the return filed
for the assessment period, whichever is later.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB209, s. 1
3Section
1. 71.75 (5) of the statutes is amended to read:
AB209,2,124
71.75
(5) A claim for refund may be made within 2 years after the assessment
5of a tax or an assessment to recover all or part of any tax credit, including penalties
6and interest, under this chapter, assessed by office audit or field audit and paid if the
7assessment was not protested by the filing of a petition for redetermination
or within
14 years after the unextended due date of the return for the period assessed,
2whichever is later. No claim may be allowed under this subsection for any tax,
3interest or penalty paid with respect to any item of income, credit or deduction
4self-assessed or determined by the taxpayer or assessed as the result of any
5assessment made by the department with respect to which all the conditions
6specified in this subsection are not met. If a claim is filed under this subsection, the
7department of revenue may make an additional assessment in respect to any item
8of income or deduction that was a subject of the prior assessment. This subsection
9does not extend the time to file under s. 71.53 (2) or 71.59 (2), and it does not extend
10the time period during which the department of revenue may assess, or the taxpayer
11may claim a refund, in respect to any item of income or deduction that was not a
12subject of the prior assessment.
